Monday, March 30, 2009

Companies Act_Practical Problems_68

For a breech of a contract by a company a proprietary firm filed a suit against, inter alia, a non-executive director who negotiated and concluded a written contract on behalf of the company. Will the suit filed against the non-executive director stand to legal scrutiny?

NI Act_Practical Problems_58

A cheque was issued by a company which bounced. A compliant under section 138 of the Negotiable Instruments Act, 1881 was lodged among others against the agent of the company. The magistrate took cognizance of the complaint and issued notice among others to the said agent of the company. Is the Magistrate right in issuing the summons to the agent of the company?

Practical Problems_Partnership Act_10

An unregistered partnership issued a cheque which bounced. On a complaint by the payee of the cheque the offence was taken cognizance of under section 138 of the Negotiable Instruments Act, 1881. The partnership assailed the summons before the High Court. Is the action of the unregistered partnership correct in law?

Companies Act_Practical Problems_67

A Scheme of Arrangement between two companies provided for the chanage of name of the transferee company. The Scheme was confirmed by the High Court. For giving effect to the change of name will it be necessary for the transferee company to company with the requirements of the Companies Act, 1956 in this regard?